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V 



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CONSTITUTION 



OF THE 



fate of Iowa. 



Adopted March 5, 1857. — witt| Subsequent 
Amendrqents. 



PRINTED FROM THE ORIGINAL ENROLLMENT. 



COMPILED BY 

FRANK D. JACKSON, 

SECRETARY OF STATE. 



^.-<^-TC^3r-c^>- i^j c^)— c^j-t^. s>»~ c^j- t&- l&j- i,y~ C& 



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CONSTITUTION 



OF THE 



TATE OF IOAATA. 



Adopted. March, o, 18o7. — witrj Siabseqiaerjt 

Amendirients. 



PRINTED FROM THE ORIGINAL ENROLLMENT. 



COMPILED BY 

FRANK D. JACKSON, 

SECRETARyrOF STATE. 









2* 



\< ^ V 






DES MOINES, IOWA: 
G. H. RAGSDAliE, STATE PRINTER. 

1889. 



[onstifution of s-kofya. 



We, the People of the State of Iowa, grateful to the Supreme 
Being for the blessings hitherto enjoyed, and feeling our dependence on 
Him for a continuation of those blessings, do ordain and establish a 
free and independent government, by the name of The State of Iowa, 
the boundaries whereof shall be as follows: 

Beginning in the middle of the main channel of the Mississippi river, 
at a point due east of the middle of the mouth of the main channel of the 
Des Moines river; thence up the middle of the main channel of the said Des 
Moines river, to a point on said river where the northern boundary line of the 
State of Missouri— as established by the Const itutition of that State, adopted 
June 12th, 1820— crosses the said middle of the main channel of the said 
Des Moines river; thence westwardly along the said northern boundary line 
of the State of Missouri, as established at the time aforesaid, until an ex- 
tension of said line intersects the middle of the main channel of the Missouri 
river; thence up the middle of the main channel of the said Missouri river 
to a point opposite the middle of the main channel of the Big Sioux river, 
according to Nicollett's map; thence up the main channel of the said Big 
Sioux river, according to the said map, until it is intersected by the parallel 
of forty-three degrees and thirty minutes north latitude; thence east along 
said parallel of forty-three degrees and thirty minutes, until said parallel 
intersects the midle of the main channel of the Mississippi river; thence 
down the middle of the main channel of the said Mississippi river to the 
place of beginning. 

ARTICLE I.-BILL OF EIGHTS. 

Section 1. All men are, by nature, free and equal, and have cer- 
tain inalienable rights, among which are those of enjoying and defending 



4 CONSTITUTION OF IOWA. 

life and liberty, acquiring, possessing and protecting property, and pursuing 
and obtaining safety and happiness. 

Sec. 2. All political power is inherent in the people. Government is 
instituted for the protection, security, and benefit of the people, and they 
have the right, at all times, to alter or reform the same, whenever the pub- 
lic good may require it. 

Sec. 3. The General Assembly shall make no law respecting an estab- 
lishment of religion, or prohibiting the free exercise thereof; nor shall any 
person be compelled to attend any place of worship, pay tithes, taxes, or 
other rates, for building or repairing places of worship, or the maintenance 
of any minister or ministry. 

Sec. 4. No religious test shall be required as a qualification for any office 
of public trust, and no person shall be deprived of any of his rights, priv- 
ileges or capacities, or disqualified from the performance of any of his pub- 
lic or private duties, or rendered incompetent to give evidence in any court 
of law or equity, in consequence of his opinions on the subject of religion; 
and any party to any judicial proceeding shall have the right to use as a 
witness, or take the testimony of, any other person, not disqualified on 
account of interest, who may be cognizant of any fact material to the case; 
and parties to suits may be witnesses, as provided by law. 

Sec. 5. Any citizen of this State who may hereafter be engaged, either 
directly or indirectly, in a duel, either as principal or accessory before the 
fact, shall forever be disqualified from holding any office under the con- 
stitution and laws of this State. 

Sec. 6. All laws of a general nature shall have a uniform operation; the 
General Assembly shall not grant to any citizen or class of citizens, priv- 
ileges or immunities, which upon the same terms shall not equally belong 
to all citizens. 

Sec. 7. Every person may speak, write and publish his sentiments on 
all subjects, being responsible for the abuse of that right. No law shall be 
passed to restrain or abridge the liberty of speech, or of the press. In all 
prosecutions or indictments for libel, the truth may be given in evidence to 
the jury, and if it appear to the jury that the matter charged as libelous 
was true, and was published with good motives and for justifiable ends, the 
party shall be acquitted. 



CONSTITUTION OF IOWA. 5 

Sec. 8. The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable seizures and searches shall not be 
violated; and no warrant shall issue but on probable cause, supported by 
oath or affirmation, particulary describing the place to be searched, and the 
persons and things to be seized. 

Sec. 9. The right of trial by jury shall remain inviolate; but the Gen- 
eral Assembly may authorize trial by jury of a less number than twelve 
men in inferior courts; but no person shall be deprived of life, liberty, or 
property, without due process of law. 

Sec. 10. In all criminal prosecutions, and in cases involving the life or 
liberty of an individual, the accused shall have a right to a speedy and public 
trial by an impartial jury; to be informed of the accusation against him; to 
have a copy of the same when demanded ; to be confronted with the wit- 
nesses against him; to have compulsory process for his witnesses; and to 
have the assistance of counsel. 

Sec. 11. All offenses less than felony, and in which the punishment does 
not exceed a fine of one hundred dollars, or imprisonment for thirty days, shall 
be tried summarily before a Justice of the Peace, or other officer authorized 
by law, on information under oath, without indictment, or the intervention 
of a grand jury, saving to the defendant the right of appeal; and no person 
shall be held to answer for any higher criminal offense, unless on present- 
ment or indictment by a grand jury, except in cases arising in the army or 
navy, or in the militia, when in actual service, in time of war or public 
danger. 

Sec. 12. No person shall, after acquittal, be tried for the same offense. 
All persons shall, before conviction, be bailable by sufficient sureties, 
e xcept for capital offenses, where the proof is evident, or the presumption 
great. 

Sec. 13. The writ of habeas corpus shall not be suspended, or refused 
when application is made as required by law, unless in case of rebellion or 
invasion the public safety may require it. 

Sec. 14. The military shall be subordinate to the civil power. No 
standing army shall be kept up by the State in time of peace; and in time 
of war, no appropriation for a standing army shall be for a longer time than 
two years. 



6 CONSTITUTION OF IOWA. 

Sec. 15. No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor in time of war except in the manner 
prescribed by law. 

Sec. 16. Treason against the state shall consist only in levying war 
against it, adhering to its enemies, or giving them aid and comfort. No 
person shall be convicted of treason, unless on the evidence of two witnesses 
to the same overt act, or confession in open court. 

Sec. 17. Excessive bail shall not be required; excessive fines shall not 
be imposed, and cruel and unusual punishment shall not be inflicted. 

Sec. 18. Private property shall not be taken for public use without 
just compensation first being made, or secured to be made, to the owner 
thereof, as soon as the damages shall be assessed by a jury, who shall not 
take into consideration any advantages that may result to said owner on 
account of the improvement for which it is taken. 

Sec. 19. No person shall be imprisoned for debt in any civil action, on 
mesne or final process, unless in case of fraud ; and no person shall be 
imprisoned for a military fine in time of peace. 

Sec. 20. The people have the right to freely assemble together to 
counsel for the common good; to make known their opinions to their rep- 
resentatives, and to petition for a redress of grievances. 

Sec. 21. No bill of attainder, ex-post-facto law, or law impairing the 
obligation of contracts, shall ever be passed. 

Sec. 22. Foreigners who are, or may hereafter become residents of this 
State, shall enjoy the same rights in respect to the possession, enjoyment, and 
descent of property, as native born citizens. 

Sec. 23. There shall be no slavery in this State; nor shall there be in- 
voluntary servitude, unless for the punishment of crime. 

Sec. 24. No lease or grant of agricultural lands, reserving any rent or 
service of any kind, shall be valid for a longer period than twenty years. 

Sec. 25. The enumeration of rights shall not be construed to impair 
or deny others, retained by the people. 

[Sec. 26. No person shall manufacture for sale, or sell, or keep for 
sale, as a beverage, any intoxicating liquors whatever, including ale, wine 
and beer. The General Assembly shall by law prescribe regulations for the 



CONSTITUTION OF IOWA. 7 

enforcement of the prohibition herein contained, and shall thereby provide 
suitable penalties for the violation of the provision hereof.] 

[Tlie foregoing amendment was adopted at a special election held on 
June 27, 1882, The supreme court, April 21, 1883, in the case of Koehler 
v Lange vs. Hill, and reported in 60th Iowa, page 543, heldthat owing to 
certain irregularities, the same was not legally submitted to the electors, 
and did not become a part of the constitution.] 

ARTICLE II. — RIGHT OF SUFFRAGE. 

Sectiox 1. Every [white] male citizen of the United States, of the age 
of twenty-one years, who shall have been a resident of this State six 
months next preceding the election, and of the county in which he claims 
his vote, sixty days, shall be entitled to vote at all elections which are now 
or hereafter may be authorized by law. 

[Amended by striking out the word "white" at the general election in 
1868.] 

Sec. 2. Electors shall, in all cases except treason, felony, or breach of 
the peace, be privileged from arrest on the days of election, during their 
attendance at such elections, going to and returning therefrom. 

Sec, 3. No elector shall be obliged to perform military duty on the 
-day of election, except in time of war or public danger. 

Sec. 4. No person in the military, naval, or marine service of the 
United States shall be considered a resident of this state by being stationed 
in any garrison, barrack, or military or naval place or station within this 
state. 

Sec. 5. No idiot or insane person, or person convicted of any in- 
famous crime, shall be entitled to the privilege of an elector. 

Sec. 6. All elections by the people shall be by ballot. 

[Amendment. J The general election for state, district county and 
township officers, shall be held on the Tuesday next after the first Monday 
in November. 

[The foregoing amendment was adopted at the general election in 1884.] 



8 CONSTITUTION OF IOWA. 

ARTICLE III.— OF THE DISTRIBUTION OF POWERS. 
Section. 1. The powers of the government of Iowa shall be divided 
into three separate departments: The Legislative, the Executive and the 
Judicial; and no person charged with the exercise of powers properly be- 
longing to one of these departments shall exercise any function appertain- 
ing to either of the others, except in cases hereinafter expressly directed or 
permitted. 

LEGISLATIVE DEPARTMENT. 

Section 1. The Legislative authority of this state shall be vested in 
a General Assembly, which shall consist of a Senate and House of Repre- 
sentatives; and the style of every law shall be: 

"Be it enacted by the General Assembly of the State of Iowa." 

Sec. 2. The sessions of the general assembly shall be biennial, and 
shall commence on the second Monday in January next ensuing the elec- 
tion of its members; unless the Governor of the State shall, in the mean- 
time, convene the General Assembly by proclamation. 

Sec. 3. The members of the House of Representatives shall be chosen 
every second year, by the qualified electors of their respective districts, on 
the second Tuesday in October, except the years of the Presidential elec- 
tion, when the election shall be on the Tuesday next after the first Monday 
in November; and their term of office shall commence on the first day of 
January next after their election, and continue two yerrs, and until 
their succesors are elected and qualified. 

[By an amendment adopted at the general election in 1884, election 
now occur uniformly in November.] 

Sec. 4. No person shall be a member of the House of Representatives 
who shall not have attained the age of twenty-one years, be a [free 
ivhite] male citizen of the United States, and shall have been an in- 
habitant of this state one year next preceeding his election, and at the time 
of his election shall have had an actual residence of sixty days in the 
county or district he may have been chosen to represent.. 

[Amended hy striking out theivords "free white" at the general elec- 
tion in 1880. ] 



CONSTITUTION OF IOWA. 9 

Sec. 5. Senators shall be chosen for the term of four years, at the same 
time and place as Representatives; they shall be twenty-five years of age, 
and possess the qualifications of Representatives as to residence and 
citizenship. 

Sec. 6. The number of Senators shall not be less than one-third 
nor more than one-half the Representative body; and shall be so 
classified by lot, that one class being as nearly one-half as possible, 
shall be elected every two years. When the number of Senators is in- 
creased, they shall be annexed by lot to one or the other of the two 
classes, so as to keep them as nearly equal in numbers as practicable. 

Sec. 7. Each house shall chose its own officers, and judge of the qual- 
ification, election, and return of its own members. A contested election 
shall be determined in such a manner as shall be directed by law. 

Sec. 8. A majority of each House shall constitute a quorum to 
transact business; but a smaller number may adjourn from day to day, 
and may compel the attendance of absent members in such a manner and 
under such penalties as each House may provide. 

Sec. 9. Each House shall sit upon its own adjournments, keep a 
journal of its proceedings, and publish the same; determine its rules of 
proceedings, punish members for disorderly behavior, and, with the 
consent of two-thirds, expel a member, but not a second time for the same 
offense; and shall have all other powers necessary for a branch of the 
General Assembly of a free and independent State. 

Sec. 10. Every member of the General Assembly shall have the liberty 
to dissent from or protest against any act or resolution which he may think 
injurious to the public or an individual, and have the reasons for his dissent 
entered on the journals; and the yeas and nays of the members of either 
House, on any question, shall, at the desire of any two members present, 
be entered on the journals. 

Sec. 11. Senators and Representatives, in all cases except treason, 
felony, or breach of the peace, shall be privileged from arrest during the 
session of the General Assembly, and in going to and returning from the 
same. 



!0 CONSTITUTION OF IOWA. 

Sec. 12. When vacancies occur in either House, the Governor, or the 
person exercising the functions of Governor, shall issue writs of election 
to fill such vacancies. 

Sec. 13. The doors of each House shall be open, except on such 
occasions as, in the opinion of the House, may require secrecy. 

Sec. 14. Neither House shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than that in 
which they may be sitting. 

Sec. 15. Bills may originate in either House, and may be amended, 
altered, or rejected by the other; and every bill having passed both Houses, 
shall be signed by the Speaker and President of their respective Houses. 

Sec. 10. Every bill which shall have passed the General Assembly, 
shall, before it becomes a law, be presented to the Governor. If he 
approve, lie shall sign it; but if not, he shall return it, with his objections, 
to the House in which it originated, which shall enter the same upon their 
journal, and proceed to reconsider it; if, after such reconsideration, it 
again pass both Houses, by yeas and nays, by a majority of two-thirds of 
the members of each House, it shall become a law, notwithstanding the 
Governors objections. If any bill shall not be returned within three days 
after it shall have been presented to him, (Sunday excepted), the same 
shall be a law in like manner as if he had signed it, unless the General 
Assembly, by adjournment, prevent such return. Any bill submitted to 
the Governor for his approval during the last three days of a session of the 
General Assembly, shall be deposited by him in the office of the Secretary 
of State within thirty days after the adjournment, with his approval, if 
approved by him, and with his objections if he disapproves thereof. 

Sec. 17. No bill shall be passed unless by the assent of a majority of 
all the members elected to each branch of the General Assembly, and the 
question upon the final passage shall be taken immediately upon its last 
reading, and the yeas and nays entered upon the journal. 

Sec 18. An accurate statement of the receipts and expenditures of 
the public money shall be attached to and published with the laws at every 
regular session of the General Assembly. 



CONSTITUTION OF IOWA. 11 

Sec. 19. The House of Representatives shall have the sole power of 
impeachment, and all impeachments shall be tried by the Senate. When 
sitting for that purpose, the Senators shall be upon oath or affirmation; 
and no person shall be convicted without the concurrence of two-thirds of 
the members present. 

Sec. 20. The Governor, Judges of the Supreme and District Courts, 
and other State officers, shall be liable to impeachment for any misdemeanor 
or malfeasance in office; but judgment in such cases shall extend only to 
removal from office, and disqualification to hold any office of honor, trust, 
or profit under this State; but the party convicted or acquitted shall never- 
theless be liable to indictment, trial, and punishment according to law. All 
other civil officers shall be tried for misdemeanors and malfeasance in 
office, in such manner as the General Assembly may provide. 

Sec. 21. No Senator or Representative shall, during the time for which 
he shall have been elected, be appointed to any civil office of profit under 
this State, which shall have been created, or the emoluments of which shall 
have been increased during such term, except such offices as may be filled 
by elections by the people. 

Sec. 22. No person holding auy lucrative office under the United States, 
or this State, or any other power, shall be eligible to hold a seat in the 
General Assembly; but offices in the militia, to which there is attached no 
annual salary, or the office of Justice of the Peace, or Postmaster, whose 
compensation does not exceed one hundred dollars per annum, or notary 
public, shall not be deemed lucrative. 

Sec. 23. No person who may hereafter be a collector or holder of pub- 
lic moneys, shall have a seat in either House of the General Assembly, or 
be eligible to hold any office of trust or profit in this State, until he shall 
have accounted for and paid into the treasury all sums for which he may 
be liable. 

Sec. 24. No money shall be drawn from the treasury but in conse- 
quence of appropriations made by law. 

Sec. 25. Each member of the first General Assembly under this Con- 
stitution shall receive three dollars per diem while in session; and the 
further sum of three dollars for every twenty miles traveled in going to 



12 CONSTITUTION OF IOWA. 

and returning from the place where such session is held, by the nearest 
traveled route; after which they shall receive such compensation as shall 
be fixed by law; but no General Assembly shall have the power to increase 
the compensation of its members. And when convened in extra ssssion 
they shall receive the same mileage and per diem compensation as fixed by 
law for the regular session and none other. 

Sec. 26. No law of the General Assembly, passed at a regular session, 
of a public nature, shall take effect until the fourth day of July next after 
the passage thereof. Laws passed at a special session shall take effect 
ninety days after the adjournment of the General Assembly by which they 
were passed. If the General Assembly shall deem any law of immediate 
importance, they may provide that the same shall take effect by publica- 
tion in newspapers in the State. 

Sec. 27. No divorce shall be granted by the General Assembly. 

Sec. 28. No lottery shall be authorized by this State; nor shall the sale 
of lottery tickets be allowed. 

Sec. 29. Every act shall embrace but one subject, and matters properly 
connected therewith; which subject shall be expressed in the title, but if 
any subject shall be embraced in an act which shall not be expressed in 
the title, such act shall be void only as to so much thereof as shall not be 
expressed in the title. 

Sec. 30. The General Assembly shall not pass local or special laws in 
the following cases: 

For the assessment and collection of taxes for state, county, or road 
purposes; 

For laying out, opening, and working roads or highways; 

For changing the names of persons ; 

For the incorporation of cities and towns; 

For vacating roads, town plats, streets, alleys, or public squares; 

For locating or changing county seats. 

In all the cases above enumerated, and in all other cases where a general 
law can be made applicable, all laws shall be general, and of uniform oper- 
ation throughout the state; and no law changing the boundary lines of any 
county shall have effect until upon being submitted to the people of the 



CONSTITUTION OF IOWA. 13 

counties affected by the change, at a general election, it shall be approved 
by a majority of the votes in each county, cast for and against it. 

Sec. 31. No extra compensation shall be made to any officer, public 
agent, or contractor, after the service shall have been rendered, or the con- 
tract entered into; nor shall any money be paid on any claim, the subject 
matter of which shall not have been provided for by pre-existing laws, and 
no public money or property shall be appropriated for local, or private pur- 
poses, unless such appropriation, compensation or claim be allowed by two 
thirds of the members elected to each branch of the General Assembly. 

Sec. 32. Members of the General Assembly shall, before they enter 
upon the duties of their respective offices, take and subscribe the following 
oath or affirmation: "I do solemnly swear, or affirm, (as the case maybe,) 
that I will support the Constitution of the United States, and the Constitu- 
tion of the State of Iowa, and that I will faithfully discharge the duties of 
Senator, (or Representative, as the case maybe,) according to the best of 
my ability." And members of the General Assembly are hereby empow- 
ered to administer to each other the said oath or affirmation. 

Sec. 33. The General Assembly shall, in the years one thousand eight 
hundred and fifty-nine, one thousand eight hundred and sixty three, one 
thousand eight hundred and sixty-five, one thousand eight hundred and 
sixty-seven, one thousand eight hundred sixty-nine, and one thousand 
eight hundred and seventy-five, and every ten years thereafter, cause an 
enumeration to be made of all the [white] inhabitants of the State. 

Amended by striking out the word "whittP at the general election in 
1868. 

Sec. 34. The number of Senators shall, at the next session following 
each period of making such enumeration, and the next session following 
each United States census, be fixed by law, and apportioned among the 
several counties according to the number of [white] inhabitants in each. 

[Amended by striking out the word " white n at the general election in 
1868.] 

Sec. 35. The Senate shall not consist of more than fifty members, nor 
the House of Representatives of more than one hundred ; and they shall 
be apportioned among the several counties and representative districts in 



14 CONSTITUTION OF IOWA. 

the State according to the number of [ivhite] inhabitants in each, upon 
ratios to be fixed by law; but no representative district shall contain more 
than four organized counties, and each district shall be entitled to at least 
one Representative. Every county and district which shall have a number 
of inhabitants equal to one-half of the ratio fixed by law, shall be entitled 
to one Representative; and any one county containing, in addition to the 
ratio fixed by law, one-half of that number, or more, shall be entitled to 
one additional Representative. No floating district shall hereafter be 
formed. 

[Amended by striking out the word "white" at the general election 
in 1868.] 

Sec. 36. At its first session under this Constitution, and at every sub- 
sequent regular session, the General Assembly shall fix the ratio of repre- 
sentation, and also form into representative districts those counties which 
will not be entitled singly to a Representative. 

Sec. 37. When a Congressional, Senatorial, or Representative district 
shall be composed of two or more counties, it shall not be entirely separated 
by any county belonging to another district; and no county shall be divided 
in forming a Congressional, Senatorial, or Representative district. 

Sec. 38. In all elections by the General Assembly, the members thereof 
shall vote viva voca; and the votes shall be entered on the journal. 

ARTICLE IV— EXECUTIVE DEPARTMENT. 

Section 1. The supreme executive power of this State shall be vested 
in a Chief Magistrate, who shall be styled the Governor of the State of 
Iowa. 

Sec. 2. The Governor shall be elected by the qualified electors at the 
time and place of voting for members of the General Assembly, and shall 
hold his office two years from the time of his installation, and until his 
successor is elected and qualified. 

Sec. 3. There shall be a Lieutenant Governor, who shall hold his office 
two years, and be elected at the same time as the Governor. In voting for 
Governor and Lieutenant Governor, the electors shall designate for whom 
they vote as Governor, and for whom as Lieutenant Governor. The 



CONSTITUTION OF IOWA. 15 

returns of every election for Governor, and Lieutenant Governor, shall be 
sealed up and transmitted to the seat of Government of the State, directed 
to the Speaker of the House of Representatives, who shall open and pub- 
lish them in the presence of both Houses of the General Assembly. 

Sec. 4. The persons respectively having the highest number of votes 
for Governor and Lieutenant Governor, shall be declared duly elected ; but 
in case two or more persons shall have an equal, and the highest number 
of votes for either office, the General Assembly shall, by joint vote, forth- 
with proceed to elect one of said persons Governor, or Lieutenant Governor, 
as the case may be. 

Sec. 5. Contested elections for Governor, or Lieutenant Governor, shall 
be determined by the General Assembly in such manner as may be pre- 
scribed by law. 

Sec. 6. No person shall be eligible to the office of Governor, or Lieu- 
tenant Governor, who shall not have been a citizen of the United States, 
and a resident of the State two years next preceding the election, and 
attained the age of thirty years at the time of said election. 
J Sec. 7. The Governor shall be commander in chief of the militia, the 
army, and navy of this State. 

Sec. 8. He shall transact all executive business with the officers of 
government, civil and military, and may require information in writing 
from the officers of the Executive Department upon any subject relating to 
the duties of their respective offices. 

Sec. 9. He shall take care that the laws are faithfully executed. 

Sec. 10. When any office shall, from any cause, become vacant, and 
no mode is provided by the Constitution and laws for filling such vacancy, 
the Governor shall have power to fill such vacancy, by granting a com- 
mission, which shall expire at the end of the next session of the General 
Assembly or at the next election by the people. 

Sec. 11. He may, on extraordinary occasions, convene the General 
Assembly, by proclamation, and shall state to both Houses, when assem- 
bled, the purpose for which they shall have been convened. 

Sec. 12. He shall communicate, by message, to the General Assembly, 
at every regular session, the condition of the State, and recommend such 
matters as he shall deem expedient. 



16 CONSTITUTION OF IOWA. 

Sec. 13. In case of disagreement between the two Houses with respect 
to the time of adjournment, the Governor shall have power to adjourn the 
General Assembly to such time as he may think proper; but no such adjourn- 
ment shall be beyond the time fixed for the regular meeting of the next 
General Assembly. 

Sec. 14. No person shall, while holding any office under the authority 
of the United States, or this State, execute the office of Governor, or Lieu- 
tenant-Governor, except as hereinafter expressly provided. 

Sec. 15. The official term of the Governor, and Lieutenant-Governor, 
shall commence on the second Monday of January next after their election, 
and continue for two years, and until their successors are elected and quali- 
fied. The Lieutenant-Governor, while acitng as Governor, shall receive 
the same pay as provided for Governor; and while presiding in the Senate, 
shall receive as compensation therefor, the same mileage and double the 
per diem pay provided for a Senator, and none other. 

Sec. 16. The Governor shall have power to grant reprieves, commuta- 
tions and pardons, after conviction, for all offenses except treason and cases 
of impeachment, subject to such regulations as may be provided by law. 
Upon conviction for treason, he shall have power to suspend the execution 
of the sentence until the case shall be reported to the General Assembly at 
its next meeting, when the General Assembly shall either grant a pardon, 
commute the sentence, direct the execution of the sentence, or grant a fur- 
ther reprieve. He shall have power to remit fines and forfeitures, under such 
regulations as may be prescribed by law; and shall report to the General 
Assembly, at its next meeting, each case of reprieve, communtation, or 
pardon granted, and the reason therefor; and also all persons in whose favor 
remission of fines and forfeitures shall have been made, and the several 
amounts remitted. 

Sec. 17. In case of the death, impeachment, resignation, removal from 
office, or other disability of the Governor, the powers and duties of the 
office for the residue of the term, or until he shall be acquited, or the disa- 
bility removed, shall devolve upon the Lieutenant-Governor. 

Sec. 18. The Lieutenant-Governor shall be President of the Senate, 
but shall only vote when the Senate is equally divided; and in case of his 



CONSTITUTION OF IOWA. 17 

absence or irnpeachrnerit, or when he shall exercise the office of Governor, 
the Senate shall choose a President pro tempore. 

Sec. 19. If the Lieutenant-Governor, while acting as Governor, shall 
be impeached, displaced, resign or die, or otherwise become incapable of 
performing the duties of the office, the President pro tempore of the Sen- 
ate shall act as Governor until the vacancy is filled, or the disability removed; 
and if the President of the Senate, for any of the above causes, shall be 
rendered incapable of performing the duties pertaining to the office of 
Governor, the same shall devolve upon the Speaker of the House of Rep- 
resentatives. 

Sec. 20. There shall be a seal of this State, which shall be kept by the 
Governor, and used by him Officially, and shall be called the Great Seal of 
the State of Iowa. 

Sec. 21. All grants and commissions shall be in the name and by the 
authority of the people of the State of Iowa, sealed with the Great Seal of 
the State, signed by the Governor, and countersigned by the Secretary of 
State. 

Sec. 22. A Secretary of State, Auditor of State, and Treasury of State 
shall be elected by the qualified electors, who shall continue in office two 
years, and untill their successors are elected and qualified; and perform such 
duties as may be required by law. 

ARTICLE V. -JUDICIAL DEPARTMENT. 

Section 1. The Judicial power shall be vested in a Supreme Court, 
District Court, and such other Courts, inferior to the Supreme Court, as the 
General Assembly may, from time to time, establish. 

Sec. 2. The Supreme Court shall consist of three Judges, two of whom 
shall c mstitue a quorum to hold Court. 

Sec. 3. The Judges of the Supreme Court shall be elected by the quali- 
fied electors of the State, and shall hold their Court at such time and place 
as the General Assembly may prescribe. The Judges of the Supreme Court 
so elected, shall be classified so that one Judge shall go out of office every 
two years; and the Judge holding the shortest term of office under such 
classification, shall be Chief Justice of the Court during his term, and so 



18 CONSTITUTION OF IOWA. 

on in rotation. After the expiration of their terms of office, under such 
classification, the term of each Judge of the Supreme Court shall be six 
years, and until his successor shall have been elected and qualified. The 
Judges of the Supreme Court shall be ineligible to any other office in the 
State, during the term for which they have been elected 

Sec. 4. The Supreme Court shall have appellate jurisdiction only in 
cases in chancery, and shall constitute a court for the correction of errors 
at law, under such restrictions as the General Assembly may by law pre- 
scribe; and shall have power to issue all writs and process necessary to secure 
justice to parties, and exercise a supervisory control over all inferior judicial 
tribunals throughout the State. 

Sec. 5. The District Court shall consist of a single Judge, who shall be 
elected by the qualified electors of the District in which he resides. The 
Judge of the District Court shall hold his office for the term of four years, 
and until his successor shall have been elected and qualified; and shall be 
ineligible to any other office except that of Judge of the Supreme Court, 
during the term for which he was elected. 

Sec. 6. The District Court shall be a Court of law and equity, which 
shall be distinct and separate jurisdictions, aud have jurisdiction in civil 
and criminal matters arising in their respective districts, in such manner 
as shall be prescribed by law. 

Sec. 7. The Judges of the Supreme and District Courts shall be con- 
servators of the peace throughout the State. 

Sec. 8. The style of all process shall be "The State of Iowa," and all 
prosecutions shall be conducted in the name and by the authority of the 
same. 

Sec. 9. The salary of each Judge of the Supreme Court shall be two 
thousand dollars per annum; and that of each District Judge, one thousand 
six nundred dollars per annum, until the year eighteen hundred and sixty; 
after which time they shall severally receive such compensation as the 
General Assembly may, by law, prescribe; which compensation shall not 
be increased or diminished during the term for which they shall have been 
elected. 



CONSTITUTION OF IOWA. 19 

Sec. 10. The State shall be divided into eleven Judicial Districts; and 
after the year eighteen hundred and sixty, the General Assembly may re- 
organize the Judicial Districts, and increase or dimmish the number of Dis- 
tricts, or the number of Judges of the said Court, and may increase the 
number of Judges of the Supreme Court; but such increase or diminution 
shall not be more than one District, or one Judge of either Court, at any 
one session; and no re-organization of the Districts, or diminution of the 
number of Judges, shall have the effect of removing a Judge from office. 
Such re-organization of the Districts, or auy change in the boundaries 
thereof, or increase or diminution of the number of Judges, shall take place 
every four years thereafter, if necessary, and at no other time. 

[Amendment. ] At any regular session of the General Assembly, the 
State may be divided into the necessary Judicial Districts for District 
Court purposes, or the said districts may be re-organized and the number 
of the districts and the Judges of said courts increased or diminished; but 
no re-organization of the districts or diminution of the judges shall have 
the effect of removing a Judge from office. 

[The foregoing amendment was adopted at the general election in 1884. J 

Sec. 1 1. The Judges of the Supreme and District Courts shall be chosen 
at the general election; and the term of office of each Judge shall com- 
mence on the first day of January next after his election. 

Sec. 12. The General Assembly shall provide, by law, for the election 
of an Attorney-General by the people, whose term of office shall be two 
years, and until his successor shall have been elected and qualified. 

[Sec. 13. The <iualified electors of each Judicial District shall, at the 
time of the election of District Judge, elect a DistHct Attorney, who 
shall he a resident of the District for which he is elected, and who shall 
hold his office for the term of four years, and until his successor shall 
luwe been elected and qualified.] 

[Tlie foregoing section was stricken out and the following substituted 
therefor, at the general election in 1884.] 

[Sec. 13.] The qualified electors of each county shall, at the general 
election in the year 1886, and every two years thereafter, elect a county 
attorney, who shall be a resident of the county for which he is elected, and 



20 CONSTITUTION OF IOWA. 

shall hold his office for two years, and until his successor shall have been 
elected and qualified. 

[The foregoing section was adopted as a substitute for the original sec- 
tion at the general election in 1884.] 

Sec. 14. It shall be the duty of the General Assembly to provide for 
the carrying into effect of this article, and to provide for a general system 
of practice in all the Courts of this State. 

[AmendmeDt. ] The grand jury may consist of any number of members, 
not less than five, nor more than fifteen, as the General Assembly may by 
law provide, or the General Assembly may provide for holding persons to 
answer for any criminal offence without the interference of a grand jury. 

[The foregoing amendment was adopted at the general election in 1884. | 

AETICLE VI.— MILITIA. 

Section 1. The militia of this State shall be composed of all able- 
bodied [white] male citizens, between the ages of eighteen and forty-five 
years, except such as are, or may hereafter be, exempt by the laws of the 
United States, or of this State; and shall be armed, equipped, and trained, 
as the General Assembly may provide by law. 

[Amended by striking out the ivord "white^ at the general election in 
1868.] 

Sec. S3. JNo person or persons conscientiously scrupulous of bearing 
arms shall be compelled to do military duty in time of peace; provided, 
that such person or persons shall pay an equivalent for such exemption in 
the same manner as other citizens. 

Sec. 3. All commissioned officers of the militia (staff officers excepted) 
shall be elected by persons liable to perform military duty, and shall be 
commissioned by the Governor. 

ARTICLE VII. — STATE DEBTS. 

Section 1. The credit of the State shall not, in any manner, be given 
or loaned to, or in aid of, any individual, association, or corporation; and 
the State shall never assume, or become responsible for, the debts or 
liabilities of any individual, association, or corporation, unless incurred in 
time of war for the benefit of the State. 



CONSTITUTION OF IOWA. 21 

Sec. 2. The State may contract debts to supply casual deficits or 
failures in revenues, or to meet expenses not otherwise provided for; but 
the aggregate amount of such debts, direct and contingent, whether con- 
tracted by virtue of one or more acts of the General Assembly, or at 
different periods of time, shall never exceed the sum of two hundred and 
fifty thousand dollars; and the money arising from the creation of such 
debts, shall be applied to the purpose for which it was obtained, or to 
repay the debts so contracted, and to no other purpose whatever. 

Sec. 3. All losses to the Permanent, School, or University fund of this 
State, which shall have been occasioned by the defalcation, mismanage- 
ment, or fraud of the agents or officers controlling and managing the same, 
shall be audited by the proper authorities of the State. The amount so 
audited shall be a permanent funded debt against the State, in favor of 
the respective fund, sustaining the loss, upon which not less than six per 
cent annual interest shall be paid. The amount of liability so created 
shall not be counted as a part of the indebtedness authorized by the second 
section of this article. 

Sec. 4. In addition to the above limited power to contract debts, the 
State may contract debts to repel invasion, suppress insurrection, or defend 
the State in war ; but the money arising from the debts so contracted shall 
be applied to the purpose for which it was raised, or to repay such debts, 
and to no other purpose whatever. 

Sec. 5. Except the debt* hereinbefore specified in this article, no debt 
shall be hereafter contracted by, or on behalf of this State, unless such 
debt shall be authorized by some law for some single work or object, to be 
distinctly specified therein ; and such law shall impose and provide for the 
collection of a direct annual tax, sufficient to pay the interest on such 
debt, as it falls due, and also to pay and discharge the principal of such 
debt, within twenty years from the time of the contracting thereof ; but no 
such law shall take effect until at a general election it shall have been sub- 
mitted to the people, and have received a majority of all the votes cast for 
and against it at such election; and all money raised by authority of such 
law, shall be applied only to the specific object therein stated, or to the 
payment of the debt created thereby; and such law shall be published in 



22 CONSTITUTION OF IOWA. 

at least one newspaper in each county, if one is published therein, through- 
out the State, for three months preceding the election at which it is sub- 
mitted to the people. 

Sec. 6. The Legislature may, at any time, after the approval of such 
law by the people, if no debt shall have been contracted in pursuance 
thereof, repeal the same; and may, at any time, forbid the contracting of 
any furtber debt, or liability, under such law; but the tax imposed by such 
law, in proportion to the debt or liability, which may have been contracted 
in pursuance thereof, shall remain in force and be irrepealable, and be 
annually collected, until the principal and interest are fully paid. 

Sec. 7. Every law which imposes, continues, or revives a tax, shall 
distinctly state the tax, and the object to which it is to be applied ; and it 
shall not be sufficient to refer to any other law to fix such tax or object. 

ARTICLE VIII. —CORPORATIONS. 

Section 1. No corporation shall be created by special laws; but the 
General Assembly shall provide, by generai laws, for the organization of 
all corporations hereafter to be created, except as hereinafter provided. 

Sec. 2. The property of all corporations for pecuniary profit shall be 
subject to taxation, the same as that of individuals. 

Sec. 3. The State shall not become a stockholder in any corporation, 
nor shall it assume or pay the debt or liability of any corporation, unless 
incurred in time of war, for the benefit of the State. 

Sec. 4. No political or municipal corporation shall become a stockholder 
in any banking corporation, directly or indirectly. 

Sec. 5. No act of the General Assembly, authorizing or creating corpor- 
ations or associations with banking powers, nor amendments thereto, shall 
take effect, or in any manner be in force, uutil the same shall have been 
submitted, separately, to the people, at a general or special election, as 
provided by law, to be held not less than three months after the passage of 
the act, and shall have been approved by a majority of all the electors vot- 
ing for and against it at such election. 



CONSTITUTION OF IOWA. 23 

Sec. 6. Subject to the provisions of the foregoing section, the General 
Assembly may also provide for the establishment of a State Bank, with 
branches. 

Sec. 7. If a State Bank be established, it shall be founded on an actual 
specie basis, and the branches shall be mutually reponsible for each other's 
liabilities upon all notes, bills, and other issues intended for circulation as 
money. 

Sec. 8. If a general banking law shall be enacted, it shall provide for 
the registry and countersigning, by an officer of State, of all bilis or paper 
credit designed to circulate as money, and require security to the full 
amount thereof, to be deposited with the State Treasurer, in United States 
stocks, or in interest paying stocks of States in good credit and standing, 
to be rated at ten per cent below their average value in the city of New 
York, for the thirty days next preceding their deposit; and in case of a 
depreciation of any portion of such stocks, to the amount of ten per cent on 
the dollar, the bank or banks owning said stocks shall be required to make 
up said deficiency by depositing additional stocks; and said law shall also 
provide for the recording of the names of all stockholders in such corpora- 
tions, the amount of stock held by each, the time of transfer, and to whom. 

Sec. 9. Every stockholder in a banking corporation or institution shall 
be individually responsible and liable to its creditors, over and above the 
amount of stock b> him or her held, to an amount equal to his or her 
respective shares so held, for all of its liabilities, accruing while he or she 
remains such stockholder. 

Sec. 10. In case of the insolvency of any banking institution, the bill 
holders shall have a preference over its other creditors. 

Sec. 11. The suspension of specie payments by banking institutions 
shall never be permitted or sanctioned. 

Sec. 12. Subject to the provisions of this article the General Assembly 
shall have power to amend or appeal all laws for the organization or crea- 
tion of corporations, or granting of special or exclusive privileges or immuni- 
ties, by a vote of two-thirds of each branch of the General Assembly; and 
no exclusive privileges, except as in this article provided, shall ever be 
granted. 



24 CONSTITUTION OF IOWA. 

ARTICLE IX. -EDUCATION AND SCHOOL LANDS. 

1 ST. —EDUCATION. 

Section 1. The educational interest of the State, including Common 
Schools and other educational institutions, shall be under the management 
of a Board of Education, which shall consist of the Lieutenant-Governor, 
who shall be the presiding officer of the Board, and have the casting vote 
in case of a tie, and one member to be elected from each judicial district in 
the State. 

Sec. 2. No person shall be eligible as a member of said Board who shall 
not have attained the age of twenty-five years, and shall have been one 
year a citizen of the State. 

Sec. 3. One member of said Board shall be chosen by the qualified 
electors of each district, and shall hold the office for the term of four years, 
and until his successor is elected and qualified. After the first election 
under this Constitution, the Board shall be divided, as nearly as practicable, 
into two equal classes, and the seats of the first class shall be vacated after 
the expiration of two years; and one-half of the Board shall be chosen 
every two years thereafter. 

Sec. 4. The first session of the Board of Education shall be held at the 
Seat of Government, on the first Monday of December, after their election; 
after which the General Assembly may fix the time and place of meeting. 

Sec. 5. The session of the Board shall be limited to twenty days, and 
but one session shall be held in any one year, except upon extraordinary 
occasions, when, upon the recommendation of two-thirds of the Board, the 
Governor may order a special session. 

Sec. 6. The Board of Education shall appoint a Secretary, who shall 
be the executive officer of the Board, and perform such duties as may be 
imposed upon him by the Board, and the laws of the State. They shall 
keep a journal of their proceedings, which shall be published and distribu- 
ted in the same manner as the journals of the General Assembly. 

Sec. 7. All rules and regulations made by the Board shall be published 
and distributed to the several counties, townships, and school districts, as 
may be provided for by the Board, and when so made, published and dis- 
tributed, they shall have the force and effect of law. 



CONSTITUTION OF IOWA. 25 

Sec. 8. The Board of Education shall have full power and authority to 
legislate and make all needful rules and regulations in relation to 
Common Schools, and other educational institutions, that are instituted, to 
receive aid from the School or University fund of this State; but all acts, 
rules, and regulations of said Board may be altered, amended or repealed 
by the General Assembly; and when so altered, amended, or repealed, they 
shall not be re-enacted by the Board of Education. 

Sec. 9. The Governor of the State shall be, ex-officio, a member of said 
Board. 

Sec. 10. The Board shall have no power to levy taxes, or make appro- 
priations of money. Their contingent expenses shall be provided for by 
the General Assembly. 

Sec. 11. The State University shall be established at one place without 
branches at any other place, and the University fund shall be applied to 
that institution and no other. 

Sec. 12. The Board of Education shall provide for the education of all 
the youths of the State, through a system of common schools, and such 
schools shall be organized and kept in each school district at least three 
months in each year. Any district failing, for two consecutive years, to 
organize and keep up a school, as aforesaid, may be deprived of their por- 
tion of the school fund. 

Sec. 13. The members of the Board of Education shall each receive the 
same per diem during the time of their session, and mileage going to and 
returning therefrom, as members of the General Assembly. 

Sec. 14. A majority of the Board shall constitute a quorum for the 
transaction of business; but no rule, regulation, or law, for the government 
of common schools or other educational institutions shall pass without the 
concurrence of a majority of all the members of the Board, which shall be 
expressed by the yeas and nays on the final passage. The style of all acts 
of the Board shall be, "Be it enacted by the Board of Education of the 
State of Iowa," 

Sec. 15. At any time after the year one thousand, eight hundred and 
sixty-three, the General Assembly shall have power to abolish or re-organ- 
ize said Board of Education, and provide for the educational interest of the 
State in any other manner that to them shall seem best and proper. 



26 CONSTITUTION OF IOWA. 

2ND. — SCHOOL FUNDS AND SCHOOL LANDS. 

Section 1. The educational and school funds and lands, shall be under 
the control and management of the General Assembly of this State. 

Sec. 2. The University lands, and the proceeds thereof, and all mon- 
eys belonging to said fund shall be a permanent fund for the sole use of 
the State University. The interest arising from the same shall be annually 
appropriated for the support and benefit of said University. 

Sec. 3. The General Assembly shall encourage, by all suitable means, 
the promotion of intellectual, scientific, moral, and agricultural improve- 
ment. Th^ proceeds of all lands that have been, or hereafter may be, 
granted by the United States to this State, for the support of schools, which 
may have been, or shall hereafter be sold, or disposed of, and the five 
hundred thousand acres of land granted to the new States, under an act of 
Congress, distributing the proceeds of the public lands among the several 
States of the Union, approved in the year of our Lord one thousand eight 
hundred and forty-one, and all estates of deceased persons who may have 
died without leaving a will or heir, and also such per cent as has been or 
may hereafter be granted by Congress, on the sale of lands in this State, 
shall be, and remain a perpetual fund, the interest of which, together with 
all rents of the unsold lands, and such other means as the General Assem- 
bly may provide, shall be inviolably appropriated to the support of corn- 
men schools throughout the State. 

Sec. 4. The money which may have been or shall be paid by persons 
as an equivalent from exemption from military duty, and the clear proceeds 
of all fines collected in the several counties for any breach of the penal 
laws, shall be exclusively applied, in the several counties in which such 
money is paid, or fine collected, among the several school districts of said 
counties, in proportion to the number of youths subject to enumeration in 
such districts, to the support of common schools, or the establishment of li- 
braries, as the Board of Education shall from time to time provide. 

Sec. 5. The General Assembly shall take measures for the protection, 
improvement, or other disposition of such lands as have been, or may here- 
after be reserved, or granted by the United States, or any person or per- 



CONSTITUTION OF IOWA. 27 

sons, to this State, for the use of the University, and the funds accruing 
from the rents or sale of such lands, or from any other source for the pur- 
pose aforesaid, shall be, and remain, a permanent fund, the interest of 
which shall be applied to the support of said University, for the promotion 
of literature, the arts and sciences, as may be authorized by the terms of 
such grant. And it shall be the duty of the General Assembly as soon as 
may be, to provide effectual means for the improvement and permanent se- 
curity of the funds of said University. 

Sec. 6. The financial agents of the school funds shall be the same, 
that by law, receive and control the State and county revenue, for other 
civil purposes, under such regulations as may be provided by law. 

Sec. 7. The money subject to the support and maintenance of common 
schools shall be distributed to the districts in proportion to the number of 
youths, between the ages of five and twenty-one years, in such manner as 
may be provided by the General Assembly. 

ARTICLE X.-AMENDMENTS TO THE CONSTITUTION. 

Section 1. Any amendment or amendments to this Constitution may 
be proposed in either House of the General Assembly; and if the same 
shall be agreed to by a majority of the members elected to each of the two 
Houses, such proposed amendment shall be entered on their journals, with 
the yeas and nays taken thereon, and referred to the Legislature to be 
chosen at the next general election, and shall be published, as provided by 
law, tor three months previous to the time of making such choice; and if, 
in the General Assembly so next chosen as aforesaid, such proposed 
amendment or amendments shall be agreed to, by a majority of all the 
members elected to each House, then it shall be the duty of the General 
Assembly to submit such proposed amendment or amendments to the 
people in such manner, and at such time as the General Assembly shall 
provide; and if the people shall approve and ratify such amendment or 
amendments by a majority of the electors qualified to vote for members of 
the General Assembly, voting thereon, such amendment or amendments 
shall become a part of the Constitution of this State. 



28 CONSTITUTION OF IOWA. 

Sec. 2. If two or more amendments shall be submitted at the same 
time, they shall be submitted in such manner that the electors shall vote 
for or against each of such amendments separately. 

Sec. 3. At the general election to be held in the year one thousand 
eight hundred and seventy, and in each tenth year thereafter, and also at 
such times as the General Assembly may, by law, provide, the question, 
"Shall there be a Convention to revise the Constitution, and amend the 
same?" shall be decided by the electors qualified to vote for members of the 
General Assembly; and in case a majority of the electors so qualified, 
voting at such election for and against such proposition, shall decide in 
favor of a convention for such purpose, the General Assembly, at its next 
session, shall provide by law for the election of delegates to such Con- 
vention. 

ARTICLE XL— MISCELLANEOUS. 

Section 1. The jurisdiction of Justices of the Peace shall extend to all 
civil cases, (except cases in chancery, and cases where the question of title 
to real estate may arise,) where the amount in controversy does not exceed 
one hundred dollars, and by the consent of parties may be extended to any 
amount not exceeding three hundred dollars. 

Sec. 2. No new county shall be hereafter created containing less than 
four hundred and thirty-two square miles; nor shall the territory of any 
organized county be reduced below that area; except the county of Worth, 
and the counties west of it, along the northren boundary of this State, 
may be organized without additional territory. 

Sec. 3. No county, or other political or municipal corporation, shall be 
allowed to become indebted, in any manner, or for any purpose, to an 
amount, in the aggregate, exceeding five per centum of the value of the 
taxable property within such county or corporation—to be ascertained by 
the last State and county tax lists, previous to the incurring of such 
indebtedness. 

Sec. 4. The boundaries of the State may be enlarged, with the consent 
of Congress and the General Assembly. 



CONSTITUTION OF IOWA. 29 

Sec. 5. Every person elected or appointed to any office, shall, before 
entering upon the duties thereof, take an oath or affirmation to support 
the Constitution of the United States, and of this State, and also an oath 
of office. 

Sec. 6. In all cases of elections to fill vacancies in office occurring 
before the expiration of a full term, the person so elected shall hold for 
the residue of the unexpired term; and all persons appointed to fill vacan- 
cies in office, shall hold until the next general election, and until their 
successors are elected and qualified. 

Sec. 7. The General Assembly shall not locate any of the public lands 
which have been, or may be granted by Congress to this State, and the 
location of which may be given to the General Assembly, upon lands 
actually settled, without the consent of the occupant. The extent of the 
claim of such occupant so exempted shall not exceed three hundred and 
twenty acres. 

Sec. 8. The seat of government is hereby permanently established, as 
now fixed by law, at the city of Des Moines, in the county of Polk; and 
the State University at Iowa City, in the county of Johnson. 

ARTICLE XLL— SCHEDULE. 

Section 1. The Constitution shall be the supreme law of the State, and 
any law inconsistent therewith, shall be void. The General Assembly shall 
pass all laws necessary to carry this Constitution into effect. 

Sec. 2. All laws now in force and not inconsistent with this Constitu- 
tion, shall remain in force until they shall expire or be repealed. 

Sec. 3. All indictments, prosecutions, suits, pleas, plaints, process, and 
other proceedings pending in any of the courts, shall be prosecuted to final 
judgment and execution; and all appeals, writs of error, certiorari, and in- 
junctions, shall be carried on in the several courts, in the same manner as 
now provided by law, and all offenses, misdemeanors and crimes that may 
have been committed before the taking effect of this Constitution, shall be 
subject to indictment, trial and punishment, in the same manner as they 
would have been had not this Constitution been made. 



30 CONSTITUTION OF IOWA. 

Sec. 4. All fines, penalties, or forfeitures due, or to become due, or 
accruing to the State, or to any county therein, or to the school fund, shall 
inure to the State, county, or school fund, in the manner prescribed by law. 

Sec. 5. All bonds executed to the State, or to any officer in his official 
capacity, shall remain in force and inure to use of those concerned. 

Sec. 6. The first election under this Constitution shall be held on the 
second Tuesday in October, in the year one thousand eight hundred and 
fifty-seven, at which time the electors of the State shall elect the Governor 
and Lieutenant-Governor. There shall also be elected at such election, the 
successors of such State Senators as were elected at the August election, 
in the year one thousand eight hundred and fifty-four, and members of the 
House of Representatives, who shall be elected in accordance with the act 
of apportionment, enacted at the session of the General Assembly which 
commenced on the first Monday of December one thousand eight hundred 
and fifty-six. 

Sec. 7. The first election for Secretary, Auditor, and Treasurer of State, 
Attorney-General, District Judges, Members of the Board of Education, 
District Attorneys, Members of Congress, and such State Officers as shall 
be elected at the April Election, in the year one thousand eight hundred 
and fifty-seven, (except the Superintendent of Public Instruction), and such 
county officers as were elected at the August election, in the year one thous- 
and eight hundred and fifty-six, except Prosecuting Attorneys, shall be held 
on the second Tuesday of October, one thousand eight hundred and fifty- 
eight : Provided, That the time for which any District Judge or other State 
or county officer elected at the April election in the year one thousand 
eight hundred and fifty-eight, shall not extend beyond the time fixed for 
filling like offices at the October election, in the year one thousand eight 
hundred and fifty-eight. 

Sec. 8. The first election for Judges of the Supreme Co art, and such 
county officers as shall be elected at the August election, in the year one 
thousand eight hundred and fifty-seven, shall be held on the second Tuesday 
October, in the year one thousand eight hundred and fifty-nine. 

Sec. 9. The first regular session of the General Assembly shall be held 
in the year one thousand eight hundred and fifty-eight, commencing on the 
second Monday of January of said year. 



CONSTITUTION OF IOWA. 31 

Sec. 10. Senators elected at the August election, in the year one thousand 
eight hundred and flfty-six, shall continue in office until the second Tues- 
day of October, in the year one thousand eight hundred fifty-nine, at which 
time their successors shall be elected as may be prescribed by law. 

Sec. 1 L. Every person elected by popular vote, by a vote of the General 
Assembly, or who may hold office by executive appointment, which office 
is continued by this Constitution, and every person who shall be so elected 
or appointed to any such office, before the taking effect of this Constitution, 
(except as in the Constitution otherwise provided), shall continue in office 
until the term for which such person has been or may be elected or appointed 
shall expire; but no such person shall continue in office after the taking 
effect of this Constitution, for a longer period than the term of such office, 
in this Constitution prescribed. 

Sec. 12. The General Assembly, at the first session under this Con- 
stitution, shall district the State into eleven Judicial Districts, for District 
Court purposes; and shall also provide for the apportionment of the mem- 
bers of the General Assembly in accordance with the provisions of this 
Constitution. 

Sec. 13. This Constitution shall be submitted to the electors of the 
State at the August election, in the year one thousand eight hundred and 
fifty-seven, in the several election districts in this State. The ballots at 
such election shall be written or printed as follows: Those in favor of the 
Constitution, "New Constitution —Yes." Those against the Constitution, 
"New Constitution — No.*" The election shall be conducted in the same 
manner as the general elections of the State, and the poll-books shall be 
returned and canvassed as provided in the twenty-fifth chapter of the 
Code, and abstracts shall be forwarded to the Secretary of State, which 
abstracts shall be canvassed in the manner provided for the canvass of 
State officers. And if it shall appear that a majority of all the votes cast 
at such election for and against this Constitution are in favor of the same, 
the Governor shall immediately issue his proclamation stating that fact, 
and such Constitution shall be the Constitution of the State of Iowa, and 
shall take effect from and after the publication of said proclamation. 



32 CONSTITUTION OF IOWA. 

Sec. 14. At the same election that this Constitution is submitted to the 
people for its adoption or rejection, a proposition to amend the same by 
striking out the word ''white " from the article on the " Right of Suffrage, '' 
shall be separately submitted to the electors of this State for adoption or 
rejection, in the manner following, Namely: A separate ballot may be given 
by every person having a right to vote at said election, to be deposited in a 
separate box. And those given for the adoption of such proposition shall 
have the words, " Shall the word 'white' be stricken out of the article on 
the ' Right of Suffrage?' Yes. " And those given against the proposition 
shall have the words. " Shall the word 'white ' be stricken out of the article 
on the ' Right of Suffrage? ' No." And if at said election the number of 
ballots cast in favor of said proposition shall be equal to a majority of those 
cast for and against this Constitution, then said word 'white' shall be stricken 
from said article and be no part thereof. 

Sec. 15. Until otherwise directed by law, the county of Mills shall be 
in and a part of the Sixth Judicial District of this State. 

Done in convention at Iowa City, this fifth day of March, in the year of 
our Lord one thousand eight hundred and fifty-seven, and of the inde- 
pendence of the United States of America, the eighty-first. 
In testimony whereof, we have hereunto subscribed our names: 
TIMOTHY DAY, M. W. ROBINSON, 

S. G. WINCHESTER, LEWIS TODHUNTER, 

DAYID BUNKER, JOHN EDWARDS, 

D. P. PALMER, J. C. TRAER, 

GEO. W. ELLS, JAMES F. WJLSON, 

J. C. HALL, AMOS HARRIS, 

JOHN H. PETERS, JOHN T. CLARKE, 

WM. H. WARREN, S. AYRES, 

H. W. GRAY, HARVEY J. SKIFF, 

ROBT. GOWER, J. A. PARVIN, 

H. D. GIBSON, W. PENN CLARK, 

THOMAS SEELEY, JERE HOLLINGSWORTH, 

A. H. MARYIN, WM. PATTERSON, 

J. H. EMERSON, D. W. PRICE, 

R. L. B. CLARKE, ALPHEUS SCOTT, 

JAMES A. YOUNG, GEORGE GILLASPY, 

D. H. SOLOMON, EDWARD JOHNSTONE, 

FRANCIS SPRINGER, President. 
Attest: 
Th. J. Saunders, Secretary, 
E. N. Bates, Assistant Secretary, 



CONSTITUTION OF IOWA. 33 

SUMMARY OF AMENDMENTS TO THE CONSTITUTION. 

By vote of the people, November 3d. 1868, and proclamation of the Gov- 
ernor, December 8th. 1868: 

1st. Strike the word "white " from section one of article two thereof. 

2d. Strike the woid u white" from section thirty-three of article three 
thereof. 

3d, Strike the word "white*' from section thirty-four of article three 
thereof. 

4th. Strike the word "white" from section thirty-five of article three 
thereof. 

5th. Strike the word " white -' from section one of article six thereof. 

By vote of the people November 2d. 1880, and certificate of the Board 
of State Canvassers, December 3rd, 1880. 

Strike out the words " free white " from the third line of section four [4 J 
of article three [3 J of said Constitution, relating to the legislative depart- 
ment. 

By vote of the people, June 27th, 1882, and certificate of the Board of 
State Canvassers, July 2Sth, 1882. 

Section 26. No person shall manufacture for sale, or sell, or keep for 
sale, as a beverage, any intoxicating liquors whatever, including ale, wine 
and beer. The General Assembly shall by law prescribe regulations for 
the enforcement of the prohibition herein contained, and shall thereby 
provide suitable penalties for the violation of the provisions hereof. 

[The Supreme Court, April 2 1st, 1883, in the case of Koehler & Lcmge 
vs. Hill, reported in 60th Iowa, page 543, held that the amendment, Sec- 
tion 26, as submitted to the electors did not become a part of the con- 
stitution.] 

By vote of the people, November 4th, 1884, and certificate of the Board 
of State Canvassers, December, 10th, 1884. 

Amendment I. The general election for state, district, county and 
township officers, shall be held on the Tuesday next after the lirst Monday 
in November. 



34 CONSTITUTION OF IOWA. 

Amendment 2. At any regular session of the General Assembly the 
state may be divided into the necessary judicial districts for district 
court purposes, or the said districts may be reorganized and the number of 
the districts and the judges of said courts increased or diminished; but no 
reorganization of the districts or diminution of the judges shall have the 
effect of removing a judge from office. 

Amendment 3. The grand jury may consist of any number of 
members, not less than five, nor more than fifteen, as the General Assembly 
may by law provide, or the General Assembly may provide for holding 
persons to answer for any criminal offense without the intervention of a 
grand jury. 

Amendment 4. That section 13 of article 5 of the Constitution be 

stricken therefrom, and the following adopted as such section: 

Section 13. The qualified electors of each county shall, at the general 
election in the year 1886, and every two years thereafter, elect a county 
attorney, who shall be a resident of the county for which he is elected, 
and shall hold his office for two years, and until the successor shall have 
been elected and qualified. 



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